Legal Lessons Of Lagos State HIV Anti-stigma Law

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By; MATTHEW UKACHUNWA

Lagos State Government, in its determination to address HIV-related stigma and discrimination, signed its  HIV Anti-Stigma Bill into law in May 2007. 

The law is the first HIV anti-stigma legislation in Nigeria.

Everyone has a role to play in the effort to mitigate HIV-related stigma and discrimination through the dissemination of accurate information and creation of awareness about the legislation.

In this overview, our reporter highlights some clauses of the law, in order to impress upon members of  respective communities the need to know the rights of People Living with HIV (PLWHIV).

Known as “Protection of Persons Living with HIV and Affected by AIDS Law,” the Lagos State HIV Anti-stigma legislation came into force on the 18th day of May 2007 – the day former Governor Bola Ahmed Tinubu assented to it.

The law protects people living with Human Immuno-deficiency Virus (HIV) and those whose conditions have developed into Acquired Immuno-deficiency Syndrome (AIDS) in Lagos State, and for other connected matters.

Among major provisions of the law for the protection of people living with HIV (PLWHIV) include: Access to healthcare institutions; Right to voluntary counselling and test; Establishment of Anti-Retroviral Drug Fund.

Section 10 of the law is titled: “Discrimination against People Living with HIV and Affected by AIDS.” It is necessary that residents of Lagos understand its letters properly in order to avoid contravention of its clauses.

The section states: “As from the commencement of this law, the following and other similar acts shall be regarded as unlawful and discriminatory against persons living with HIV and affected by AIDS;  I) “Refusal of landlord to accept as a tenant, persons living with HIV and affected by AIDS;  II) Stigmatization and denial of access to an infected patient by a health institution (be it public or private); Iii) Denial of rights of access into an educational institution;. IV) Discrimination and stigmatization in any social, religious or political gathering;  V) Segregation, discrimination and stigmatization at the place of employment particularly with respect to nature of work, right to transportation, training and provision of other benefits including but not exclusive to health, and insurance; VI) Compulsory and mandatory HIV test for all employer of labour.” 

Section 11 provided the following: “I) Every person living with HIV and affected by AIDS shall have the right to gainful employment in any establishment whether private or public where the vacancy exists. II) Every person living with HIV and affected by AIDS shall be assured of freedom from unlawful termination of his employment by reason of his status. III) All corporate organizations shall have an HIV/AIDS policy in place for the benefit of its employees living with HIV and affected by AIDS.”

Section 12 recommended the provision of homes for orphans, vulnerable children, widow and widowers of people living with HIV and affected by AIDS.

Section 13 contains the right to admission at any mortuary or decent burial of PLWHIV and affected by AIDS, while section 14 contains their right to sue or be sued on matters of discrimination and stigmatization against them.

The law established Justice and Human Rights Watch group that shall be responsible for the monitoring and implementation of the law.

Section 16 mandates organizations wishing to work in the field of HIV/AIDS in Lagos State to register with Lagos State AIDS Control Agency (LSACA).

Among penalties imposed by the law are: “Any person who wilfully or knowingly endangers other persons by infecting them with AIDS virus commits an offence and shall be liable on conviction to a fine not exceeding 200,000 Naira,” as spelt out in section 18 (I).

Legal expert reviews the law, highlights its basic facts

Barrister Josephine Ijekhuemeh, Executive Director, Centre for Rights and Development, reviewed the Lagos State Law for the Protection of People Living with HIV at a media sensitization organized by Lagos State AIDS Control Agency (LSACA) for health journalists in Lagos on 22nd June 2022.

She narrated how people living with HIV have been discriminated against by educational institutions, insurance companies, landlords, workplaces, religious organizations, among others.

Ijekhuemeh highlighted novel provisions of the “Law for the Protection of Persons Living with HIV and Affected by AIDS in Lagos State and for Other Connected Matters.”

She also pointed out the challenges of enforcement that the law faces.

The legal practitioner expressed view on the existence of law and when the people who should enforce the law are not willing to do so. “I don’t think the law has been enforced,” she argued.

Ijekhuemeh, a partner at Odikpo, Okpe & Associates, said: “Discrimination and stigmatization are usually overt, not covert. I think that is why the law is having difficulty being enforced.”

The barrister said that it is necessary to sensitize Lagos residents on the letters of the law.

She interpreted some clauses of the legal instrument. For example, assuming, she asserted, that an HIV-positive pregnant woman refuses to take medication because her religion forbids it, and as a result her baby in the womb becomes HIV-positive when it is born, would the mother be penalized?

In expression of thought, the legal practitioner said: “Under the provision of the law (Section 18), she is entitled to pay the government 200,000 Naira.”

In the second instance, Ijekhueme had a critical analysis of Section 18(1) which spelt out penalty for breaching confidentiality of a patient.  She averred that the clause poses a lot of challenges, and, therefore, asked: “When is it okay for health workers to reveal patient’s HIV status?”  For example, should an HIV-positive polygamist who is hiding his condition from his multiple spouses retain the right of confidentiality of status?

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